This week, DITSHWANELO-The Botswana Centre for Human Rights, completed its round of stakeholder dialogues that began last week from August 16 to August 24, 2023 with communities of Kanye, Lobatse, Ghanzi and Kasane on their views regarding Human Rights and the Death Penalty, among other issues.
All this was to ensure participatory, inclusive and citizen-owned constitution that strengthens the sustainable practice of human rights and democratic governance in Botswana.
According to Lame Moreeng of DITSHWANELO Project Officer, the start of stakeholder dialogues in all the four areas followed the commissioning of the Presidential Commission of Enquiry into the Review of the Constitution in
December 2021. DITSHWANELO and other civil society organisations had the opportunity to attend the constitutional review kgotla meetings and found out that there were issues surrounding civic education on the Constitution, hence the four organisations being BOCONGO, DITSHWANELO, Emang Basadi and BONELA supported by the European Union started this project.
Moreeng explained to participants in Kanye that comprised of public servants, Police, Dikgosi, representatives from the District Commissioner’s office, Attorneys from the Directorate of Public Prosecution, as well as community leaders among others, that though DITSWANELO had made submissions to the Presidential Commission, not all of that was captured in the report.
Moreeng added that while DITSHWANELO is pleased that the Constitution in its current state acknowledges Civil and Political rights captured in Chapter Two of the Constitution, there is an omission of Socio-Economic and Cultural rights. She further stated that they recognise the importance of enshrining the Socio-Economic and Cultural rights in the Constitution as this will ensure promotion and protection of such rights.
In their view, Socio-Economic and Cultural rights, for example, the right to health, food, shelter, housing, right to access to land, right to preservation of culture and social security are critical, and need to be included in the Constitution.
Civil and Political rights include among others, fundamental rights and freedoms for the individual and protection of right to life, right to personal liberty and protection from inhuman treatment.
Regarding the Death Penalty, DITSHWANELO made presentations on the importance of the right to life, which could be achieved by abolishing the Death Penalty. Participants were also at liberty to express their views on whether the Death Penalty is good or not, and therefore should be stopped. Participants also argued on what could be adopted in its place, as well as on whether it was an effective deterrent, and its pros and cons.
Participants that argued in support of the Death Penalty said though murder incidents have increased in the country, the Death Penalty still acts as a deterrent. Further, that families of victims, as well as members of the community get some level of closure and a sense that justice has been served. They also argued that the right to life of the victim of murder has been avenged when the perpetrator has been sentenced to death.
However, other participants believed that the Death Penalty is not an effective deterrent that is why people still commit murder, while it is in place. They further added that the Death Penalty is against the right to life. Further, that the Death Penalty has a negative impact on the economy, and that it is cruel and inhumane. Of concern was that the Death Penalty is irreversible, meaning that when someone is wrongfully sentenced to death, they might lose their lives over a wrong conviction.
On August 17, DITSHWANELO carried out a dialogue with participants in Kanye including disability groups, religious leaders, Police, community leaders and members of the public among others.
Moreeng highlighted that their view as DITSHWANELO and their associates is that an amendment is needed in Section 15 of the Constitution that speaks of the Protection from discrimination on the grounds of race, tribe, political opinion, place of origin and creed or sex, to include intersex and sexual orientation, in order to cater for everyone and leave no space for discrimination.
Some participants said while human rights were good, they often undermine Setswana culture and Christian beliefs. For example, one participant cited that nowadays parents are not allowed to administer corporal punishment to their children and this has caused a lot of confusion in Setswana family settings, where it was believed that children ought to be subjected to corporal punishment for them to tow the line. He further attributed lack of reverence, respect and honour of children to their parents and lawlessness in communities to rights that have been imposed on people, without any education on how to handle and exercise them.
Another participant said human rights were meant to deal with discriminatory elements of culture that were oppressive in nature. She further said it is important to acknowledge that what worked in the past, can no longer work today, and therefore it is important to explore new ways of dealing with emerging challenges without using oppressive means that discriminate against human rights. “We should all understand that rights go hand in hand with responsibility, and there are no ultimate rights,” the participant said.
Participants recommended that intense public education be done to raise awareness on all human rights so that all citizens can appreciate them, and be able to apply them in their lives. They also recommended that LGBTQ community be separated from transgender persons, but not to be grouped as one. They further advocated for promotion of cultural beliefs that ensured peace and tranquillity over rights that are adopted from other cultures and bring more confusion and lawlessness.
DITSHWANELO concluded dialogues with stakeholders in Ghanzi on August 23 and Kasane on August 24.
In this project, DITSHWANELO works with its associates including, Letloa Trust, LeGaBiBo, MISA and Rainbow Identity Association.
The European Union (EU) supports the project, ‘Botswana Constitutional Review Process: Towards a People Driven Constitution,’ under the umbrella of the Botswana Council of Non-Governmental Organisations (BOCONGO) and other partners including, DITSHWANELO-The Botswana Centre for Human Rights, Botswana Network on Ethics, Law and HIV/AIDS (BONELA) and Emang Basadi Association.
All partners collaborate on the project to educate communities to ensure that they solicit informed views towards the eventual constitutional review.
All this was to ensure participatory, inclusive and citizen-owned constitution that strengthens the sustainable practice of human rights and democratic governance in Botswana.
According to Lame Moreeng of DITSHWANELO Project Officer, the start of stakeholder dialogues in all the four areas followed the commissioning of the Presidential Commission of Enquiry into the Review of the Constitution in
December 2021. DITSHWANELO and other civil society organisations had the opportunity to attend the constitutional review kgotla meetings and found out that there were issues surrounding civic education on the Constitution, hence the four organisations being BOCONGO, DITSHWANELO, Emang Basadi and BONELA supported by the European Union started this project.
Moreeng explained to participants in Kanye that comprised of public servants, Police, Dikgosi, representatives from the District Commissioner’s office, Attorneys from the Directorate of Public Prosecution, as well as community leaders among others, that though DITSWANELO had made submissions to the Presidential Commission, not all of that was captured in the report.
Moreeng added that while DITSHWANELO is pleased that the Constitution in its current state acknowledges Civil and Political rights captured in Chapter Two of the Constitution, there is an omission of Socio-Economic and Cultural rights. She further stated that they recognise the importance of enshrining the Socio-Economic and Cultural rights in the Constitution as this will ensure promotion and protection of such rights.
In their view, Socio-Economic and Cultural rights, for example, the right to health, food, shelter, housing, right to access to land, right to preservation of culture and social security are critical, and need to be included in the Constitution.
Civil and Political rights include among others, fundamental rights and freedoms for the individual and protection of right to life, right to personal liberty and protection from inhuman treatment.
Regarding the Death Penalty, DITSHWANELO made presentations on the importance of the right to life, which could be achieved by abolishing the Death Penalty. Participants were also at liberty to express their views on whether the Death Penalty is good or not, and therefore should be stopped. Participants also argued on what could be adopted in its place, as well as on whether it was an effective deterrent, and its pros and cons.
Participants that argued in support of the Death Penalty said though murder incidents have increased in the country, the Death Penalty still acts as a deterrent. Further, that families of victims, as well as members of the community get some level of closure and a sense that justice has been served. They also argued that the right to life of the victim of murder has been avenged when the perpetrator has been sentenced to death.
However, other participants believed that the Death Penalty is not an effective deterrent that is why people still commit murder, while it is in place. They further added that the Death Penalty is against the right to life. Further, that the Death Penalty has a negative impact on the economy, and that it is cruel and inhumane. Of concern was that the Death Penalty is irreversible, meaning that when someone is wrongfully sentenced to death, they might lose their lives over a wrong conviction.
On August 17, DITSHWANELO carried out a dialogue with participants in Kanye including disability groups, religious leaders, Police, community leaders and members of the public among others.
Moreeng highlighted that their view as DITSHWANELO and their associates is that an amendment is needed in Section 15 of the Constitution that speaks of the Protection from discrimination on the grounds of race, tribe, political opinion, place of origin and creed or sex, to include intersex and sexual orientation, in order to cater for everyone and leave no space for discrimination.
Some participants said while human rights were good, they often undermine Setswana culture and Christian beliefs. For example, one participant cited that nowadays parents are not allowed to administer corporal punishment to their children and this has caused a lot of confusion in Setswana family settings, where it was believed that children ought to be subjected to corporal punishment for them to tow the line. He further attributed lack of reverence, respect and honour of children to their parents and lawlessness in communities to rights that have been imposed on people, without any education on how to handle and exercise them.
Another participant said human rights were meant to deal with discriminatory elements of culture that were oppressive in nature. She further said it is important to acknowledge that what worked in the past, can no longer work today, and therefore it is important to explore new ways of dealing with emerging challenges without using oppressive means that discriminate against human rights. “We should all understand that rights go hand in hand with responsibility, and there are no ultimate rights,” the participant said.
Participants recommended that intense public education be done to raise awareness on all human rights so that all citizens can appreciate them, and be able to apply them in their lives. They also recommended that LGBTQ community be separated from transgender persons, but not to be grouped as one. They further advocated for promotion of cultural beliefs that ensured peace and tranquillity over rights that are adopted from other cultures and bring more confusion and lawlessness.
DITSHWANELO concluded dialogues with stakeholders in Ghanzi on August 23 and Kasane on August 24.
In this project, DITSHWANELO works with its associates including, Letloa Trust, LeGaBiBo, MISA and Rainbow Identity Association.
The European Union (EU) supports the project, ‘Botswana Constitutional Review Process: Towards a People Driven Constitution,’ under the umbrella of the Botswana Council of Non-Governmental Organisations (BOCONGO) and other partners including, DITSHWANELO-The Botswana Centre for Human Rights, Botswana Network on Ethics, Law and HIV/AIDS (BONELA) and Emang Basadi Association.
All partners collaborate on the project to educate communities to ensure that they solicit informed views towards the eventual constitutional review.
